FACTS:

The Spouses Eduardo and Caridad Gacuya approached Atty. Reyman A. Solbita for legal assistance in drafting and notarizing a deed of sale for a parcel of land. Atty. Solbita suggested backdating the notarization of the deed to December 31, 2005, as his notarial commission had already expired and he was in the process of renewing it. However, Marivic Gonzales, one of the buyers, insisted that the document be notarized on the actual date of execution to avoid penalties from the Bureau of Internal Revenue.

Despite his expired notarial commission, Atty. Solbita proceeded to notarize the deed on February 21, 2006. The following day, the Spouses Gonzales completed the transfer of title for the subject land. A few days later, Eduardo Gacuya attempted to return the money to the Spouses Gonzales, but they refused the repayment. Consequently, Gacuya filed a case for the nullity of the documents and recovery of ownership.

Atty. Solbita, in response to the disbarment complaint, denied making false statements in the deed and alleged that the Spouses Gacuya instigated the case in retaliation for an unfavorable decision in a separate proceeding. The Integrated Bar of the Philippines-Commission on Bar Discipline held Atty. Solbita administratively liable for notarizing the deed with an expired notarial commission and recommended that he be reprimanded.

ISSUES:

1. Whether Atty. Solbita made untruthful statements in the deed of sale.

2. Whether Atty. Solbita violated his lawyer's oath by notarizing the deed of sale despite his expired notarial commission.

RULING:

1. There is sufficient evidence to prove that Atty. Solbita made untruthful statements in the deed of sale. This is evident from the fact that the actual consideration of One Million Two Hundred Thousand Pesos (P1,200,000.00) was not reflected in the deed and instead only One Hundred Thousand Pesos (P100,000.00) was stated. This was done to avoid paying the correct amount of capital gains tax. Atty. Solbita's suggestion to antedate the notarization of the deed also shows his willingness to engage in deceitful practices.

2. Atty. Solbita violated his lawyer's oath by notarizing the deed of sale despite his expired notarial commission. Notarizing a document is a solemn act and requires the notary public to be duly authorized and commissioned. Atty. Solbita's expired notarial commission at the time of the notarization rendered the act invalid and illegal.

PRINCIPLES:

• Notaries public must be duly authorized and commissioned to perform their duties, and they should not continue to perform notarial acts after the expiration of their commission.

• Lawyers have a duty to be truthful and honest in their dealings and should not engage in dishonest practices, as it violates their lawyer's oath.